Cannon v. Collins
Court of Chancery of Delaware
Bill for spegif-ic performance : — This is a bill for the specific performance of an alleged contract for the re-conveyance of title to fifty acres of land, which Cannon, this complainant, with his wife had, by deed dated March 1st, 1864, conveyed to Collins the defendant. The purchase money, $992.06, was secured by two jüdgment notes, one for $500, the other for $492.06, both dated March 1st, 1864, and payable March 1st,' 1869. Judgments were entered on these notes.
Read the full summary
Bill for spegif-ic performance : — This is a bill for the specific performance of an alleged contract for the re-conveyance of title to fifty acres of land, which Cannon, this complainant, with his wife had, by deed dated March 1st, 1864, conveyed to Collins the defendant. The purchase money, $992.06, was secured by two jüdgment notes, one for $500, the other for $492.06, both dated March 1st, 1864, and payable March 1st,' 1869. Judgments were entered on these notes. Collins entered into possession of. the land. Thus far the facts are not in dispute. The controversy arises upon the allegation…
1Opinion of the Court
The Chancellor : —
In the argument for the defendant, an objection was taken which, if tenable, would dispose of the whole case at this point. This objection was that, in as much as the contract is alleged to have been a parol contract, not in writing as the Statute of Frauds requires, and as the answer denies the existence of any contract, thus putting the complainant to the proof of it, he can prove it only by writing as the Statute requires, — and that, too, notwithstanding a part performance is also alleged and proved, that part performance avails only where the fact of the contract, not…
2Cases cited2 opinions
- Ontario Bank v. RootNew York Court of Chancery · 1831
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1837
3Cited by5 opinions
- Matthes v. WierCourt of Chancery of Delaware · 1912
- Commissioners of Lewes v. Breakwater Fisheries Co.Court of Chancery of Delaware · 1922
- Quillen v. SayersSupreme Court of Delaware · 1984
- Moore v. Home Indemnity CompanySuperior Court of Delaware · 1971
- Commissioners of Lewes v. Breakwater Fisheries Co.Court of Chancery of Delaware · 1920